header-logo header-logo

Unconventional?

10 December 2009 / David Lock
Issue: 7397 / Categories: Features , Public , Human rights
printer mail-detail

David Lock examines Human Rights Act claims & the doctrine of precedent

Every law student learns how the theory of precedent works in practice. Statute law has supreme authority, but after that the House of Lords, or now the Supreme Court, binds the Court of Appeal; the Court of Appeal binds the High Court.

Precedent is ageless. It does not matter how long ago the Court of Appeal pronounced on a matter; no High Court judge can overturn that decision until it is distinguished by another Court of Appeal or overturned by the Supreme Court. But what happens if a lower court has to wrestle with a Human Rights Act 1998 point which has not been raised in previous cases?

Public bodies

The Human Rights Act 1998 (HRA 1998) s 6 provides that all public bodies are required to comply with the European Convention on Human Rights (the Convention). Judges are public bodies for these purposes. Hence judges are required by an Act of Parliament to produce judgments which comply with the Convention. If there

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
back-to-top-scroll